If an employer dismisses a pregnant employee as redundant is she still entitled to receive maternity pay?
An employee will qualify for statutory maternity pay (SMP) if she has 26 weeks' continuous employment by the 15th week before the expected week of childbirth (EWC), and earns at least the lower earnings limit for national insurance purposes. She must give the employer 28 days' notice of the date on which she expects liability to pay SMP to begin, and must submit medical evidence to the employer on a MAT B1 form.
An employee who meets these qualifying conditions, and continues in employment into the 15th week before her EWC, will be entitled to her SMP if she is dismissed or resigns after that point. This includes a dismissal for redundancy, in which case the employee will also be entitled to a redundancy payment, if she meets the relevant eligibility requirements. The employee is also entitled to continue to receive her SMP if she is dismissed or resigns once her maternity pay has started.